SZJCT v Minister for Immigration and Citizenship

[2008] FCA 172

FEDERAL COURT OF AUSTRALIA

SZJCT v Minister for Immigration and Citizenship [2008] FCA 172

SZJCT v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL

NSD 2149 OF 2007

BRANSON J
13 FEBRUARY 2008
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2149 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJCT
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	BRANSON J
DATE OF ORDER:	13 FEBRUARY 2008
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The appellant pay the costs of the first respondent.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2149 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJCT
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

REFUGEE REVIEW TRIBUNAL
Second Respondent

JUDGE:	BRANSON J
DATE:	13 FEBRUARY 2008
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The appellant filed a notice of appeal which, although alleging error in the learned Federal Magistrate, did not identify the nature of that error.  The notice of appeal indicated that details of his Honour’s error would be given once the appellant received the written decision from the Federal Magistrates Court.  No amended notice of appeal has been filed.  Nor has the appellant filed any written submissions in support of her appeal.

2. The appeal was listed for hearing today at 2:15 pm.  The appellant was not present in Court at that time, nor was the court officer able to find her when the court officer attended the registry.  The appellant was called again at approximately 2:30 pm and did not respond to the call. 

3. I am satisfied that advice in writing of the time, place and date of the hearing of this appeal was sent to the appellant, at the address given on her notice of appeal, both by the Court and by the legal representatives of the first respondent. 

4. Counsel for the first respondent has invited the Court to dismiss the appeal for want of prosecution in reliance on s 25(2B)(ba) of the Federal Court of Australia Act 1976 (Cth). In the circumstances I consider it appropriate to accede to that request. The appeal is dismissed for want of prosecution. It is ordered that the appellant pay the first respondent’s costs.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Branson.

Associate:

Dated:        26 February 2008

Counsel for the Appellant:	The appellant did not appear
Counsel for the First Respondent:	Ms Kaur-Bains
Solicitor for the First Respondent:	DLA Phillips Fox
Date of Hearing:	13 February 2008
Date of Judgment:	13 February 2008